Alhassanain(p) Network for Heritage and Islamic Thought

Usurpation (Ghasb)

Usurpation means that a person unjustly seizes the property or right of another person. This is one of the major sins and one who commits it will be subjected to severe chastisement on the Day of Judgement. It has been reported from the Holy Prophet (s.a.w.a.) “that whoever usurps one span of another's land, seven layers of that land will be put round his neck like a yoke on the Day of Judgement”.

Issue 2554: * If a person does not allow the people to benefit from a mosque, a school, a bridge and other places which have been constructed for the use of the public, he usurps their right. Similar is the case of a person who reserves a place in the mosque for himself and does not allow any other person to use it. And also one who drives that person out from that place commits a sin.

Issue 2555: * If it has been mutually agreed by the mortgager and the mortgagee that the mortgaged property will remain with the creditor or with a third party, the mortgager (i.e. the debtor) cannot take it back before having paid the debt. And if he takes, he must return to the creditor immediately.

Issue 2556: * If a third person usurps the property which has been mortgaged to a person, the owner of the property as well as the mortgagee can demand from him the thing he has usurped. When the thing is returned from him, it becomes mortgaged again. And if that thing perishes and its substitute is taken, that substitute also becomes mortgaged like the original thing itself.

Issue 2557: * If a person usurps a property, he should return it to its owner, and if it is lost he should compensate him for it.

Issue 2558: If some benefit accrues from a thing which has been usurped, for example, if a lamb is born of a sheep which has been usurped, it belongs to the owner. Moreover, if, for example, a person has usurped a house, he should pay its rent even if he does not occupy it.

Issue 2559: * If a person usurps something belonging to a child or an insane person, he should return it to his guardian, and if it has been lost he should replace it.

Issue 2560: * When two persons usurp a thing jointly, and if they have full control over it, each one of them is fully responsible for the whole of it, even if one of them alone might not have been able to usurp it.

Issue 2561: * If a person mixes something usurped by him with another thing, for example, he mixes wheat usurped by him with barley, and if it is possible to separate them, he should separate them even if it may very difficult to do so, and return the usurped thing to its owner.

Issue 2562: * If a person usurps a piece of golden ornament, like an earring and melts it, he should return it with the difference between the value before and after the melting. And if with the object of not paying the difference, he says that he is ready to make it like the original one, the owner is not obliged to accept the offer. Also, the owner, too, cannot compel him to make it like the original one.

Issue 2563: * If a person changes a usurped thing into something better than before, for example, if he makes an earring from the gold usurped by

him, and the owner asks him to give it to him in the same (i.e. changed) form, he should give it to him in that form. He cannot claim any charges from the owner for his labour. Similarly, he has no right to give him the thing in its original form without his permission, and if he gives the thing in its original form without his permission, or changes it into another shape, it is not known whether he will be responsible for the difference in the value.

Issue 2564: If a person changes the thing usurped by him in such way that it becomes better than its original form, but its owner asks him to change it back to its original condition, it will be obligatory on him to do so. And if due to the change, its value decreases, he should pay the difference in the value to the owner. Therefore, if he makes an earring from the gold usurped by him and its owner asks him to change it back to its original shape, and if after melting it, its value becomes less than what is originally was before making the earring, he should pay the difference.

Issue 2565: If a person usurps a piece of land and cultivates or plants trees on it, the crop and the trees and their fruits are his own property, and if the owner of the land is not agreeable to the crops and the trees remaining on his land, the person who has usurped the land, should pull them out immediately even if he may suffer loss for that. Also, he should pay rent to the owner of the land for the period the crop and the trees remained on his land, and should also make up for the damage done to the land, like, he should fill up the holes from which the trees are pulled out. And if the value of land decreases because of that, he should compensate. Moreover, he cannot compel the owner of the land to sell it or lease it out to him, nor can the owner of the land compel him to sell the trees or crops to him.

Issue 2566: If the owner of the land agrees to the crops and trees remaining on his land, it is not necessary for the usurper of the land to pull them out. However, he should pay the rent of the land from the time he usurped it till the time the owner of the land agreed to the trees and crops remaining on it.

Issue 2567: * If a thing usurped by a person perishes and if it is like a cow or a sheep, the price of each one of which differs on account of individual characteristics, the usurper should pay its price; and if its market value has undergone a change on the grounds of demand and supply, he should pay the cost which was at the time it perished. And the recommended precaution is that he should pay its highest price from the time it was usurped till the time it perished.

Issue 2568: If the thing usurped by a person which has perished is like wheat and barley, whose prices do not differ due to individual specifications, he (the usurper) should pay a thing which is similar to the one usurped by him. However, the quality of that replacement should be the same as of the thing which has been usurped and has perished. For example, if he has usurped rice of superior quality, he cannot replace it with rice of inferior quality.

Issue 2569: * If a person usurps something like a sheep and if it perishes, and if its market price has not changed but during the time it was with him it became fat, the usurper should pay the price of a fat sheep.

Issue 2570: If the thing usurped by a person is usurped from him by another person and it perishes, the owner of the thing can take its compensation from any one of them, or can demand a part of the compensation from each of them. And if he takes compensation for the thing from the first usurper, the first usurper can demand whatever he has given from the second usurper. But if he is compensated by the second usurper, that second usurper cannot demand what he has given, from the first usurper.

Issue 2571: If one of the conditions of transaction is not present at the time of sale; for example, if a thing which should be purchased and sold by weight is sold without being weighed, the contract is void. And if the seller and the buyer accept the deal irrespective of the mode of transaction, there is no harm in it. Otherwise, the things taken by them from each other will be treated as usurped property and should be returned to each other. And if the property of each of them perishes while in the custody of the other, he should pay compensation for it regardless of whether or not he knows that the transaction was void.

Issue 2572: * If a person takes some thing from a seller so that he may see and check it, or may keep it with him for sometime so that he may purchase it, if he likes it, and if that property perishes, he should pay compensation for it to its owner.

Rules of the Lost Property When Found

Issue 2573: * Any lost property other than an animal, which does not bear any sign by means of which it may be possible to locate its owner, irrespective of whether its value is less than a dirham (12.6 chickpeas of coined silver) or not, can be kept for himself by one who finds it, but the recommended precaution is that he gives it away as Sadaqah on behalf of the owner, whoever he may be.

Issue 2574: * If a person finds a property whose value is less than a dirham, and if its owner is known, and the person who finds it does not know whether or not the owner would be happy about it, he cannot pick it up without his (i.e. the owner's) permission. And if its owner is not known, the person who finds should, as an obligatory precaution, give it away as Sadaqah on behalf of the owner, whoever he may be. And when the owner is found, the replacement should be given to him if he does not approve the Sadaqah given on his behalf.

Issue 2575: * If a person finds something which bears a sign by means of which its owner can be located, and even if he comes to know that its owner is a non-Muslim whose property must be protected, and if the value of that thing reaches one dirham, he should make an announcement about it at the place of gathering of the people for one year from the day on which he finds that thing.

Issue 2576: If a person does not wish to make an announcement himself, he can ask another reliable person to make the announcement, on his behalf.

Issue 2577: * If the person who finds such a thing makes announcement for one year, but the owner of the property does not turn up he should act as follows:

(i) If he has found that thing at a place other than the Haram of Makkah, he can retain it on behalf of the owner, so that he may give it to him when he appears, or give it as Sadaqah to the poor on behalf of the owner. As an obligatory precaution, he should not keep it for himself.

(ii) If he has found that thing in the Haram, the obligatory precaution is that he should give it away as Sadaqah.

Issue 2578: * If the person makes announcement for one year and the owner of the property does not turn up, and he continues to care for it on behalf of its owner, and in the meantime it is lost, he will not be responsible for the loss if he has not been negligent nor over cautious about it. And if he gave it as Sadaqah on behalf of the owner, then the owner will have an option either to approve the Sadaqah or demand its replacement. And the thawab for the Sadaqah will go to him who gave the Sadaqah.

Issue 2579: * If a person finds a property, and purposely does not make an announcement according to the rules mentioned above, he commits a sin, and at the same time remains wajib on him to make an announcement if he thinks it can be helpful.

Issue 2580: * If an insane person or a child who is not Baligh finds something which bears a sign and is worth one dirham, his guardian can make an announcement. In fact, it is obligatory upon him to announce if he has taken its possession from the child or the insane person. And if the owner is not found even after having announced for a year, he should act as rule no. 2577.

Issue 2581: * If during the year in which a person has been making an announcement (about something having been lost and found) he loses all hope of finding the owner, he should give it away as Sadaqah with the permission of theMujtahid .

Issue 2582: * If the property is lost during the year in which he has been making an announcement, and he has been negligent in caring for it, or has been over cautious, he will be responsible to the owner for replacement, and should also continue announcing. But if he has not been negligent nor over cautious, it is not obligatory for him to pay anything.

Issue 2583: * If the property which bears a mark, and has value equal to one dirham, is found at a place where it is known that the owner of the property will not be found by means of announcement, he should give it to the poor persons as Sadaqah on behalf of the owner on the very first day with the permission of theMujtahid , and he should not wait till the year ends.

Issue 2584: * If a person finds a thing and possesses it under the impression that it is his own property, but learns later that it is not his property, he should act as outlined in the foregoing rule.

Issue 2585: * The announcement for the lost article should be made in such a way that the owner, if he hears it, would be drawn to investigate if the thing is his. And this differs in every situation. For example, at times it may be sufficient to declare that an article has been found, and at times, it is important to define it, like, saying that a piece of gold is found. Further still, it may be necessary to say that an earring of gold has been found, and so on.

But in all cases, total description should not be given so that it is not identified fully.

Issue 2586: If a person finds something and another person claims that it is his, and also mentions certain marks of identification, the former should give that thing to him only if he is satisfied that it belongs to him. It is not necessary for the latter to mention the marks of which mostly even the owners do not take notice.

Issue 2587: If the value of a thing which a person finds is equal to one dirham, and he does not make an announcement about it, but leaves it in the mosque or at places of general assembly, and the thing is lost or somebody picks it up, the person who found the thing will be responsible.

Issue 2588: * If a person finds a thing which is perishable, he should keep it for as long as it does not perish, and as an obligatory precaution, announce about it, and if he does not find the owner, as a precaution, he should fix its value with the permission of the Mujatahid or his Wakil and sell it, keeping the money with him. In the meantime, he should continue with the announcement till one year, and if the owner is not found, he will act as explained in rule no. 2577.

Issue 2589: * If the thing found by somebody is with him at the time of performing Wudhu and offering prayers, and if he has no intention of returning it to its owner if he is found, his Wudhu and prayers do not become void.

Issue 2590: If a pair of shoes of a person is taken away and is replaced by another pair of shoes, and he knows that the pair of shoes which is now with him belongs to a certain person who would not mind if he took his shoes instead of his own, he can take them. Similar rule applies if he knows that he has been unjustly robbed of his shoes; but in this particular case, the value of shoes left behind must not exceed the value of his own shoes, otherwise the difference of the price will be treated as article whose owner is unknown. And in any other situation other than the two mentioned herein, the shoes will be considered as articles of unknown ownership.

Issue 2591: * If a man has some property of 'unknown ownership' that is, its owner is not known and if it cannot be classified as lost, he is allowed to use it in a manner that would be agreeable to the owner, provided that he is sure that the owner will have no objection in principle. Otherwise, he must try to find the owner, and continue doing so for as long as he thinks it useful. And when he despairs, he should, with the permission of theMujtahid , give it away as Sadaqah to the poor. If the owner later on turns up, and if he does not approve the Sadaqah which was given, as a precaution, he must give him a replacement.

Slaughtering and Hunting of Animals

Issue 2592: * If an animal whose meat is halal to eat, is slaughtered in the manner which will be described later, irrespective of whether it is domesticated or not, its meat becomes halal and its body becomes Clean (tahir/pak ) after it has died. But camels, fish and locust become halal without their heads being slaughtered, as will be explained later.

Issue 2593: If a wild animal like deer, partridge and wild goat whose meat is halal to eat, or a halal animal which was a domestic one but turned wild later, like, a cow or a camel which runs away and becomes wild, is hunted in accordance with the laws which will be explained later, it is Clean (tahir/pak ) and halal to eat. But, a domestic animal like sheep and fowl whose meat is halal to eat, or tamed wild animal whose meat is halal to eat does not become Clean (tahir/pak ) and halal by hunting.

Issue 2594: A wild animal whose meat is halal to eat becomes Clean (tahir/pak ) and halal to eat by hunting if it is capable of running away or flying. Based on this, the young one of a deer which cannot run away, and the young one of a partridge which cannot fly, do not become Clean (tahir/pak ) and halal to eat by hunting. And if a deer and its young one which cannot run are hunted with one bullet, the deer will be halal but its young one will be haraam to eat.

Issue 2595: If an animal like fish, whose meat is halal to eat and whose blood does not gush, dies a natural death, it is Clean (tahir/pak ) but its meat cannot be eaten.

Issue 2596: The dead body of an animal whose meat is haraam to eat, and whose blood does not gush, like, a snake, is Clean (tahir/pak ) but does not become halal by slaughtering.

Issue 2597: * Dogs and pigs do not become Clean (tahir/pak ) by slaughtering and hunting and it is also haraam to eat their meat. And if a flesh-eating animal like wolf and leopard is slaughtered in the manner which will be mentioned later, or is hunted by means of bullet etc. it is Clean (tahir/pak ), but its meat does not become halal for consumption. And if it is hunted down by a hunting dog, then its body cannot be considered as Clean (tahir/pak ).

Issue 2598: Elephant, bear, monkey are classified as predators. But the insects or the small animals who live in the holes, like, mice, lizards, if they have gushing blood, their meat and skin will not be considered Clean (tahir/pak ) if they are slaughtered or hunted down.

Issue 2599: If a dead young is born from the body of a living animal, or is brought out of it, it is haraam to eat its meat.

Method of Slaughtering Animals

Issue 2600: * The method of slaughtering an animal is that the four main arteries of its neck should be completely cut (jugular artery, foodpipe, jugular vein and windpipe). It is not sufficient to split open these arteries or to cut off the neck. And the cutting of these four main arteries becomes practical when the cutting takes place from below the knot of the throat.

Issue 2601: If a person cuts some of the four arteries and waits till the animal dies and then cuts the remaining arteries, it will be of no use. If the

four arteries are cut before the animal dies, but the cutting was not continuous as is usually done, the animal is Clean (tahir/pak ) and halal to eat. However, the recommended precaution is that they should be cut in continuous succession.

Issue 2602: * If a wolf tears off the throat of a sheep in such a way that nothing remains of the four arteries which could be cut for slaughter, the sheep becomes haraam. Similarly, it will be haraam if nothing remains of its gullet. In fact, if its neck is torn open by the wolf leaving arteries connected with the head or the body, as a precaution, it will be haraam. But if the sheep is bitten on other part of the body, and it remains alive, it will be Clean (tahir/pak ) and halal if slaughtered according to the rules which will be described later.

Conditions of Slaughtering Animals

Issue 2603: * There are certain conditions for the slaughtering of an animal. They are as follows:-

(i) A person, a man or a woman, who slaughters an animal must be a Muslim. An animal can also be slaughtered by a Muslim child who is mature enough to distinguish between good and bad, but not by non-Muslims other than Ahle Kitab, or a person belonging to those sects who are classified as Kafir, like, Nawasib - the enemies of Ahlul Bait (A.S.). In fact, even if Ahle Kitab non-Muslim slaughters an animal, as per precaution, it will not be halal, even if he utters 'Bismillah'.

(ii) The animal should be slaughtered with a weapon made of iron. However, if an implement made of iron is not available, it should be slaughtered with a sharp object like glass or stone, so that the four veins are severed, even if the slaughtering may not be necessary, like when the animal is on the verge of death.

(iii) When an animal is slaughtered, it should be facing Qibla. If the animal is sitting or standing, then facing Qibla would be like a man standing towards Qibla while praying. And if it is lying on its right or left side, then its neck and stomach should be facing Qibla. It is not necessary that its legs, hands and face be towards Qibla. If a person who knows the rule, purposely ignores placing the animal towards Qibla, the animal would become haraam; but if he forgets or does not know the rule, or makes a mistake in ascertaining the Qibla, or does not know the direction of Qibla, or is unable to turn the animal towards Qibla, there is no objection. As a recommended precaution, the person slaughtering should also face Qibla.

(iv) When a person wants to slaughter an animal, just as he makes the Niyyat to slaughter, he should utter the name of Allah, and it suffices if he says 'Bismillah' only, or if he utters 'Allah'. But if he utters the name of Allah without the intention of slaughtering the animal, the slaughtered animal does not become Clean (tahir/pak ) and it is also haraam to eat its meat. And if he did not utter the name of Allah forgetfully, there is no objection.

(v) The animal should show some movement after being slaughtered; at least it should move its eyes or tail or strike its foot on the ground.This law applies only when it is doubtful whether or not the animal was alive at the time of being slaughtered, otherwise it is not essential.

(vi) It is necessary that the blood should flow in normal quantity from the slaughtered animal. If someone blocks the vein, not allowing blood to flow out, or if the bleeding is less than normal, that animal will not be halal. But if the blood which flows is less because the animal bled profusely before the slaughter, there is no objection.

(vii) The animal should be slaughtered from its proper place of slaughtering; on the basis of recommended precaution, the neck should be cut from its front, and the knife should be used from the back of the neck.

Issue 2604: * As a precaution, it is not permissible to sever the head of the animal from its body before it has died, though this would not make the animal haraam. But if the head gets severed because of sharpness of the knife, or not being attentive, there is no objection. Similarly, it is not permissible to slit open the neck and cut the spinal cord before the animal has died.

Method of Slaughtering a Camel

Issue 2605: * If one wants to slaughter a camel so that it becomes Clean (tahir/pak ) and halal after it has died, it is necessary to follow the above mentioned conditions for slaughter and then thrust a knife or any other sharp implement made of iron into the hollow between its neck and chest. It is better that the camel at that time is standing. But if it has knelt down, or if it is lying on its side with its face towards Qibla, the knife etc. can be thrust into the hollow of its neck for slaughtering.

Issue 2606: If a camel's head is cut instead of thrusting a knife into the depth of its neck, or if knife is thrust into the depth of the neck of a sheep or a cow etc. as is done in the case of a camel, it is haraam to eat their meat and their body is Najis. However, if the four arteries of the camel are cut first and a knife is then thrust into the depth of its neck, in the manner stated above, while it is still alive, it is halal to eat its meat and its body is Clean (tahir/pak ). Similarly, if a knife is first thrust into the depth of the neck of a cow, sheep etc. and then its head is cut while it is still alive, it is Clean (tahir/pak ) and its meat is halal to eat.

Issue 2607: * If an animal becomes unruly, and one cannot slaughter it in the manner prescribed by Shariah or, if, it falls down into a well and one feels that it will die there and it will not be possible to slaughter it according to Shariah, one should inflict a severe wound on any part of its body, so that it dies as a result of that wound. Then it becomes Clean (tahir/pak ) and halal to eat. It will not be necessary that it should be facing Qibla at that time but it should fulfil all other conditions mentioned above regarding slaughtering of animals.

Mustahab Acts While Slaughtering Animals

Issue 2608: * The Fuqaha, may Allah bless them with His Pleasure, have enumerated certainMustahab acts for slaughtering the animals:

(i) While slaughtering the sheep (or a goat), both of its hands and one foot should be tied together and the other foot should be left free. As for a cow, its two hands and two feet should be tied and the tail should be left free. And in the case of a camel, if it is sitting, its two hands should be tied with each other from below up to its knees, or below its armpits, and its feet

should be left free. And it is recommended that a bird should be left free after being slaughtered so that it may flap its wings and feathers.

(ii) Water should be placed before an animal before slaughtering it.

(iii) An animal should be slaughtered in such a way that it should suffer the least, that is, it should be swiftly slaughtered with a very sharp knife.

Makrooh Acts

Issue 2609: * In certain Traditions, the following have been enumerated as Makrooh acts while slaughtering the animals:

(i) To slaughter an animal at a place where another animal of its own kind can see it.

(ii) To skin an animal before it has died.

(iii) To slaughter an animal on Friday night (i.e. the night preceding Friday), or on Friday before Zuhr. However, there is no harm in doing so in the case of necessity.

(iv) To slaughter an animal which someone has bred and reared himself.

Hunting with Weapons

Issue 2610: * If a halal wild animal is hunted with a weapon and it dies, it becomes halal and its body becomes Clean (tahir/pak ), if the following five conditions are fulfilled:

(i) The weapon used for hunting should be able to cut through, like, a knife or a sword, or should be sharp like a spear or an arrow, so that due to its sharpness, it may tear the body of the animal. If an animal is hunted with a trap, or hit by a piece of wood or a stone, it does not become Clean (tahir/pak ), and it is haraam to eat its meat. And if an animal is hunted with a gun and its bullet is so fast that it pierces into the body of the animal and tears it up, the animal will be Clean (tahir/pak ) and halal, but if the bullet is not fast enough and enters the body of the animal with pressure and kills, or burns its body with its heat, and the animal dies due to that heat, it is a matter ofIshkal to say that the animal is Clean (tahir/pak ) or halal.

(ii) The hunter should be a Muslim or at least a Muslim child who can distinguish between good and bad. If a non-Muslim, other than Ahle Kitab, or from those sects like, Nawasib - enemies of Ahlul Bait (A.S.) who are classified as Kafir, hunts an animal, the animal is not halal. As a matter of precaution, an animal hunted by Ahle Kitab is also not halal, even if he may have uttered the name of Allah.

(iii) The hunter should aim the weapon for hunting the particular animal. Therefore, if a person takes an aim at some target, and kills an animal accidentally, that animal will not be Clean (tahir/pak ) and it will be haraam to eat its meat.

(iv) While using the weapon the hunter should recite the name of Allah, and it is sufficient if he utters the name of Allah before the target is hit. But if he does not recite Allah's name intentionally, the animal does not become halal. There is, however, no harm if he fails to do so because of forgetfulness.

(v) The animal will be haraam if the hunter reaches it when it is already dead, or, even if it is alive, he has no time left to slaughter it. And if he has

enough time to slaughter it and he does not slaughter it till it dies, it will be haraam.

Issue 2611: * If two persons jointly hunt an animal and if one of them fulfils the requisites while the other does not, like, if one of them utters the name of Allah whereas the other does not do so intentionally, that animal is not halal.

Issue 2612: If an animal is shot with an arrow and, if it falls into water and a person knows that the animal has died because of being shot with an arrow, and falling into water, it will not be halal. In fact, if he is not sure that the animal has died only because of being shot with an arrow, it is not halal.

Issue 2613: If a person hunts an animal employing a usurped dog or a usurped weapon, the hunted animal is halal and becomes his property. However, besides the fact that he has committed a sin he should pay the hiring charges for the weapon or dog to its owner.

Issue 2614: * If a person using weapons like a sword, cuts off some limbs of animal while hunting, those cut off limbs will be haraam. But if that animal is slaughtered according to the conditions of rule no. 2610, the remaining part of its body will be halal. But if the weapon with the aforesaid conditions cuts the animal into two parts, with head and neck on one part, and the hunter reaches the animal when it is dead, both the parts will be halal. And the same rule applies if the animal is alive at that time, but there is not enough time to slaughter it. However, if there is time for slaughtering it, and it is possible that the animal may live for some time, the part which does not contain head and neck is halal if the animal is slaughtered according to the rules prescribed by Shariah, otherwise that part, too, will be haraam.

Issue 2615: If an animal is cut into two parts with a stick or a stone, or another implement with which hunting is not proper, the part which does not contain the head and the neck will be haraam. As for the part which contains the head and neck, if the animal is alive and it is possible that it may live for some time, and it is slaughtered in accordance with the rules prescribed by Shariah, that part is halal, otherwise that part too, will be haraam.

Issue 2616: If an animal is hunted or slaughtered and its young one, which is alive, is taken out of its body, that young one will be halal if it is slaughtered in accordance with Shariah, otherwise it will be haraam.

Issue 2617: * If an animal is hunted or slaughtered, and its dead young one is brought out of its body, it will be Clean (tahir/pak ) and halal if it had not died before the mother was killed, or it should not have died because of delay in bringing it out from the mother's womb, and provided it is fully developed, with hair or wool grown on its body.

Hunting with a Retriever (Hunting Dog)

Issue 2618: * If a retriever hunts a wild animal whose meat is halal to eat, the following six conditions should be fulfilled for its being Clean (tahir/pak ) and halal:-

(i) The dog should be trained in such a way that when commanded to catch the prey, it goes and when restrained from going, it stops. But if it does not stop after having come closer to the hunted animal and seen it, there is no harm. And it is necessary that it should have a habit of not eating

anything of the prey till its master arrives. In fact, if it has the habit of eating bit of the prey before the master arrives, or drinking its blood, there is no objection.

(ii) It should have been directed by its master. If it hunts of its own accord and preys upon an animal, it is haraam to eat the meat of that animal. In fact, if it follows a prey of its own accord, and later its master calls out to encourage it to reach the prey faster, even if it may quicken its pace because of its master's cry, eating the meat of that prey should be avoided, on the basis of obligatory precaution.

(iii) The person who sends the dog for hunt should be a Muslim, with all the conditions already mentioned in the rules concerning hunting with the weapon.

(iv) The hunter should utter the name of Allah at the time of sending the dog. If he purposely does not utter the name of Allah, the prey is haraam. But if he forgets to utter the name of Allah there is no harm in it.

(v) The prey should die as a result of the wound inflicted by the dog's teeth. Therefore, if the dog suffocates the prey to death, or the prey dies because of running or fear, it is not halal.

(vi) The hunter who sends the dog should reach the spot when the animal is dead, or if it is alive, there should not be enough time to slaughter it. But if he reaches there when there is enough time to slaughter it, yet he does not slaughter it, allowing it to die itself, the prey is not halal.

Issue 2619: * When a person who sends the dog reaches the prey when he can slaughter the animal, but the animal dies while he is preparing for the slaughter, like, the delay in taking out the knife, the animal is halal. However, if he does not have anything with which he can slaughter the animal, and it dies, it does not become halal, but if he releases the animal so that the dog may kill it, it will become halal.

Issue 2620: If a person sends several dogs, and they jointly hunt an animal, and if all of them satisfy the conditions mentioned in rule 2618, the prey is halal, but if any one of them does not fulfil those conditions, the prey is haraam.

Issue 2621: If a person sends a dog for hunting an animal and that dog hunts another animal, the prey is halal and Clean (tahir/pak ), and if it hunts another animal along with that animal (which it was sent to hunt), both of them are halal and Clean (tahir/pak ).

Issue 2622: * If several persons send a dog jointly and one of them does not utter the name of Allah intentionally, that prey is haraam. Also, if one of the dogs sent is not trained in the manner mentioned in rule 2618, the prey is haraam.

Issue 2623: If a hawk or an animal besides the hunting dog hunts an animal, the prey is not halal. However, if a person reaches the prey when it is alive, and slaughters it in the manner prescribed by Shariah, it is halal.

Hunting of Fish and Locust

Issue 2624: * If a fish with scales is caught alive from water, and it dies thereafter, it is Clean (tahir/pak ) and it is halal to eat it, even if the scales are shed off later due to some reasons. And if it dies in the water, it is Clean (tahir/pak ), but it is haraam to eat it. However, it is lawful to eat it if it dies

in the net of the fisherman. A fish which has no scales is haraam even if it is brought alive from water and dies out of water.

Issue 2625: If a fish falls out of water or a wave throws it out, or the water recedes and the fish remains on dry ground, if some one catches it with his hand or by some other means before it dies, it will be halal to eat it after it dies.

Issue 2626: * It is not necessary that a person catching a fish should be a Muslim or should utter the name of Allah while catching it. It is, however, necessary that a Muslim should have seen or ascertained that the fish was brought alive from the water, or that it died in the net in water.

Issue 2627: * If a dead fish about which it is not known whether it was caught from water alive or dead, is bought of a Muslim, it is halal, but if it is bought of a non-Muslim it is haraam even if he claims that he has brought it alive from the water; except when a man feels satisfied that the fish was brought alive from the water or that it died in the net in the water.

Issue 2628: It is halal to eat a live fish but it is better to avoid eating it.

Issue 2629: If a fish is roasted alive, or is killed out of water before it died itself, it is halal to eat it, but it is better to avoid eating it.

Issue 2630: If a fish is cut into two parts out of water, and one part of it falls into water while it is alive, it is halal to eat the part which has remained out of water, and the recommended precaution is that one should refrain from eating it.

Issue 2631: If a locust is caught alive by hand or by any other contrivance, it will be halal after it dies, and it is not necessary that the person catching it should be a Muslim, or should have uttered the name of Allah while catching it. But, if a non-Muslim is holding a dead locust in his hand, and it is not known whether or not he caught it alive, it will be haraam even if he claims that he had caught it alive.

Issue 2632: To eat the locust which has not yet developed its wings and cannot fly, is haraam.